South Carolina Trust
and Estate Law Blog

A health care power of attorney designates an agent to make decisions regarding health care when a person cannot make those decisions due to incompetence or unconsciousness.

In South Carolina, only one person can serve as your health care agent at one time. You may designate another person to serve if the first agent can not, but they cannot be designated to act at the same time.

A living will is simply (Click here for more…)

If you interact with an estate attorney, you may hear the term “heirs.”  You may think you know what this term means, but it actually has a precise legal definition.   In South Carolina, the term heirs is defined in South Carolina Code of Laws 62-1-201(17). The statutory definition is “those persons, including the surviving spouse, who are entitled under the statute of intestate succession to the property of a decedent.”  The statute of intestate succession is found in South Carolina Code of Laws 62-2-102 and 62-2-103. Intestate succession is where you turn to determine the persons entitled to inherit from a Decedent when there is no Last Will and Testament.

The South Carolina intestacy statute sets forth the heirs as follows: (Click here for more…)